LICENSING
AND REGULATORY SUB-COMMITTEE NO.
6
20TH NOVEMBER 2007
Present:
Councillor W T Beard; Chair
Councillors T E Ankers, J A Beech, W S Davies,
R E Dodd and R Salmon
In Attendance:
Mr J H
Evans
Minute No. 43
Mr S
Kidson Minute
No. 44
Mrs C M
Jones Democratic
Services Committee Officer
41 DECLARATIONS
OF INTEREST
No Member made any declaration of interest in
respect of any item of business on the agenda.
42
MINUTES
RESOLVED: That the minutes of the meeting of
Sub-Committee No. 6 held on 5th June 2007 be approved as
a correct record.
43 APPLICATION
FOR LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE
VEHICLES
The Sub-Committee considered the report of
the Executive Director (Environment and Development) which provided
details in respect of John Hamilton Evans who had applied for a
licence to drive Hackney Carriage and Private Hire vehicles, and
had a number of convictions recorded against him.
The Sub-Committee was invited to determine
the application in the light of Mr Evans’ previous history as a
licensed Hackney Carriage and Private Hire driver.
He had been licensed by the Council from
1995 to 2001. The former Licensing Panel had granted the licence in
1995, having taken into account two convictions earlier that year
for fraudulent use of an excise licence and using a vehicle without
a valid excise licence.
During the period he was licensed as a
driver, Mr Evans was convicted of the following offences -
8th November 1996 - Exceeded 40 mph speed limit
(Willaston) in a private hire vehicle - fined £60 and 3 points
endorsed.
8th November 1996 – Crossed a double white line
(Willaston) in a private hire vehicle – fined £70.
12th August 1999 – Exceeded 70 mph
speed limit (at 92mph) on the A500 in a private hire vehicle -
fined £40 and 3 points endorsed.
3rd November 2000 – Exceeded 60 mph
speed limit on the A500 in a private hire vehicle with 3 passengers
present - fined £150 and 6 points endorsed.
1st October 2001 – Driving without
due care and attention – he had taken a short-cut and driven the
wrong way round the roundabout at Elm Drive/ Plane Tree Drive,
Crewe in a private hire vehicle with a passenger present – fined
£200 and 4 points endorsed. At this date, Mr Evans had
accumulated a total of 13 points on his licence but the court did
not impose a period of disqualification on hardship grounds.
Mr Evans was in attendance throughout
discussion of the application.
A letter from Mr Evans in support of his
application was read to the meeting and he also spoke in
support.
Mr Evans was questioned by the
Sub-Committee, by way of clarification, about the details
surrounding the offences. He then withdrew from the
meeting whilst the Sub-Committee reached its decision. The
Committee Officer and the Legal Adviser remained in the
meeting.
Following the Sub-Committee’s determination,
Mr Evans rejoined the meeting to be informed of the Sub-Committee’s
decision.
RESOLVED:
That a licence to drive Hackney
Carriage and Private Hire vehicles be granted to John Hamilton
Evans.
Reasons for the
Decision:
(1)
The Sub-Committee took into account –
(a)
The Council’s Statement of Policy about Relevant
Convictions.
(b)
The report of the Executive Director (Environment &
Development);
(c)
Mr Evans’ letter together with oral evidence provided by him at the
meeting.
(2) The
Sub-Committee was satisfied that Mr Evans was a “fit and proper
person” to hold the licences.
(Note: At this point in the
proceedings, Mr Evans withdrew from the meeting.)
44 LICENCE TO
DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES
The Sub-Committee considered the report of
the Executive Director (Environment and Development) which provided
details in respect of Sean Kidson, the holder of a Hackney Carriage
and Private Hire driver’s licence since June 2005. There had
been convictions shown on Mr Kidson’s criminal records check when
he applied for his licence in 2005.
In September 2007, Cheshire Constabulary
informed the Council that Mr Kidson had been convicted on
25th June 2007 of possessing ammunition without an
appropriate certificate. He had been ordered to pay costs of
£50 and had received a conditional discharge of 12 months. Mr
Kidson had not informed the Council of his conviction.
The Sub-Committee was invited to consider if
any action should be taken in respect of Mr Kidson’s licences on
the grounds that his conviction rendered him unfit to hold the
licence.
Mr Kidson was in attendance throughout
discussion of his case.
A letter from Mr Kidson in support of his
case was read to the meeting and he outlined the circumstances
surrounding the offence.
Mr Kidson was questioned by the
Sub-Committee, by way of clarification, about the details
surrounding the offence.
Mr Kidson withdrew from the meeting whilst
the Sub-Committee reached its decision. The Committee Officer and
the Legal Adviser remained in the meeting.
Following the Sub-Committee’s determination,
Mr Kidson rejoined the meeting to be informed of the
Sub-Committee’s decision.
RESOLVED:
That no action be taken in respect
of Sean Kidson’s licence to drive Hackney Carriage and Private Hire
vehicles.
Reasons for the
Decision:
(1) The
Sub-Committee took into account –
(a)
The Council’s Statement of Policy about Relevant
Convictions.
(b)
The report of the Executive Director (Environment &
Development);
(c)
Mr Kidson’s letter together with mitigation offered by him at the
meeting.
(2) The
Sub-Committee was satisfied that Mr Kidson was a “fit and proper
person” to continue to hold the licences.
……………………………………….Chair